'Arsenic in Wine' Lawsuit: Whatever Happened?

Feb 18, 2016

(Patch) - As we come up on the one-year anniversary of a now-famous lawsuit claiming there are dangerous levels of poisonous arsenic in several types of California wines, you may have wondered from time to time: Whatever happened with that?

The suit, which was first filed on March 19, 2015, alleges that 28 California wineries are selling wines containing unsafe levels of arsenic. However, to date, all 83 wine labels named in the complaint remain on the shelves. No wineries have issued recalls, and no retailers have pulled wine from store shelves.

Several well-known vintners are named in the suit, including Franzia, Ménage à Trois, Sutter Home, Wine Cube, Charles Shaw, Glen Ellen, Cupcake, Beringer and Vendage. Most of the wines cost less than $10 a bottle and are white or blush varietals including Moscato, Pinot Grigio and Sauvignon Blanc.

As may be expected with a case that has so many defendants, the suit is moving through the Los Angeles Superior Court system at a snail’s pace. Online court records indicate the next time it’ll be in front of a judge is for a hearing on demurrer on March 21. At that point, the defense will challenge the merits of the case before a judge, who then may decide if there’s enough to the case to move forward. The defense still has not filed an answer to the complaint.

One major development in the last 11 months is that an amended complaint was filed at the end of last year. On Sept. 16, the first amended complaint added on a request for punitive damages ”...in light of Defendants’ willful and conscious disregard for the rights of Plaintiffs and the Class...,” among other things.

They also specifically called on the courts to force a recall.

“Plaintiffs and the Class request an injunction requiring Defendants to stop selling wine to the public with excessive levels of inorganic arsenic,” the complaint states.

So, should you stop drinking these wines?

Back in July, Nancy Light of the Wine Institute of California told Patch that’s not necessary because the wine is safe. Furthermore, Light claimed, wine sales have not dropped as a result of the litigation.

“This lawsuit is patently false and has been largely ignored by consumers once they learned the facts. Wines from around the world contain trace amounts of arsenic – as do fruits, vegetables, grains, water, juice and other beverages – and do not pose a risk to consumers. The FDA has been testing the arsenic content in foods and beverages for more than 20 years and has not set a limit for wine because there is no evidence to suggest that the trace amounts put consumers at risk,” Light said.

And keep this in mind: arsenic is all around us. It’s found naturally in the air, soil, and water, which explains how it ends up in wine.


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